The Weekly Daf #345
Nedarim 61 - 67
Issue #345 Parshat Nitzavim/Vayelech
Week of 18 - 24 Elul 5760 / 18 - 24 September 2000
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions
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EXPLOITING THE CROWN OF TORAH
The Talmud relates two incidents involving a Torah scholar's using the
honor due to Torah for his own purpose. One is in our gemara and it
concerns Rabbi Tarfon. The other is in Mesechta Bava Kama (59b) and
its hero is the Sage Eliezer Zeira. Let us relate the two and compare
them.
When the harvest of fig trees is over, the owners of the fig trees
relinquish ownership of whatever insignificant fruit remains and
everyone has a right to take them. Rabbi Tarfon availed himself of
this privilege in one field. To his misfortune, however, the owner of
that field had long been the victim of robberies of grapes from his
field, and when he saw Rabbi Tarfon, whom he did not recognize, he
assumed that he was the thief. He put the sage in a sack and
threatened to throw him in the river. Afraid that his captor might
indeed carry out his threat Rabbi Tarfon cried out: "Woe to Tarfon
that this fellow is killing him!" Realizing that this was the Sage
Rabbi Tarfon, the field owner dropped the sack and fled in shame.
All of his life Rabbi Tarfon felt regret about his behavior and
opined, "Woe to me that I exploited the Crown of Torah!"
Even though Rabbi Tarfon was perfectly entitled to the fruit he had
taken, and certainly he had no obligation to pay for all the stolen
grapes in order to save himself, he nevertheless felt guilty, for he
was a man of great wealth and should have offered money for his
release rather than exploit his status as a Torah scholar for this
purpose.
Eliezer Zeira's story begins with his standing in the marketplace of
Nehardeah wearing black shoes, which in those times were worn as a
sign of mourning. When asked by officials of the Reish Galuta
(Exilarch) to explain this public display of mourning, he declared
that he was in mourning for the destruction of Jerusalem. Since they
assumed him to be only a common Jew, his action was looked upon as a
flagrant display of arrogant pretentiousness in practicing public
mourning for Jerusalem, an act reserved for Torah scholars only. When
they arrested him, he protested that he was indeed a Torah scholar.
To prove his claim he offered either to answer any question in Torah
which they would ask him or to pose a question to them. He was
invited to pose the question and he succeeded in stumping them and
supplying his own answer. When his answer was corroborated by the
Sage Shmuel, he was vindicated and freed.
Why was it any more proper for Eliezer Zeira to utilize his status as
a Torah scholar to save himself from prison than it was for Rabbi
Tarfon to save himself from the threat of death? One answer is fairly
obvious. Rabbi Tarfon had the option of saving himself with money
while Eliezer Zeira did not. Maharsha adds a second solution to this
problem. Eliezer Zeira was not imprisoned but rather detained until
it could be established whether he had the right to publicly mourn
Jerusalem. His presentation of his Torah credentials was therefore
not an exploitation but a clarification which was perfectly proper.
* Nedarim 62a
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HIDDEN BEAUTY
If one wishes to annul his vow, the sage he consults must find an
"opening" -- some consideration which he can present to the vow-maker
as a reason for regretting that he made the vow. This can even be the
consideration that by vowing to deny another Jew any benefit from his
possessions he is guilty of violating the Torah prohibition of hating
another Jew or taking revenge. If he declares that had he been aware
of this he would not have made such a vow, the sage can declare the
vow annulled.
If the consideration was not in existence at the time the vow was
made, there is a dispute between Rabbi Eliezer and the majority of the
Sages as to whether it is a valid opening for annulment of a vow. The
classic example is that of the fellow who vows not to have any benefit
from another. That other fellow then becomes a scribe whose services
he now needs. Rabbi Eliezer sanctions an opening based on his
declaration that had he known that fellow would become a scribe he
would not have made such a vow. The other sages rule this out because
it is a consideration which was not possible to have had in mind at
the time of the vow.
An interesting application of the above is the case of a man who was
being pressured to marry his sister's daughter. He was reluctant to
do so because she was unattractive, so he took a vow not to have any
benefit from her. Rabbi Yishmael then took her in hand, beautified
her (the gemara says that he fixed up her appearance with a gold false
tooth) and presented her to the reluctant uncle. To the sage's
question whether he would have made such a vow had he seen her as she
now looked, the uncle replied in the negative. Rabbi Yishmael
annulled the vow.
One approach in the commentaries is that Rabbi Yishmael concurred with
the view of Rabbi Eliezer, that even a consideration born after the
vow was made can serve as a valid opening; thus, even if she was
indeed unattractive at the time of the vow, her subsequent
beautification can be grounds for regret and annulment. Another view
is that if it was possible to beautify her then, she was never really
unattractive and the vow was made in error. This is indicated in the
words of Rabbi Yishmael following this incident: "Jewish girls are
beautiful, and it is only their poverty which renders them
unattractive."
* Nedarim 66a
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Written and Compiled by Rabbi Mendel Weinbach
General Editor: Rabbi Moshe Newman
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